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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Plan to End E-Vehicle Subsidies Sparks Anger in Germany

Germany EV Subsidy Cut triggers budget-crisis fallout in the automotive industry, after a constitutional court ruling; EV incentives end, threatening electromobility adoption, manufacturer competitiveness, 2030 targets, and demand amid Chinese competition and weak global growth.

 

Key Points

A sudden end to Germany's EV incentives due to a budget shortfall after a court ruling, hurting automakers and adoption.

✅ Ends buyer rebates amid budget crisis ruling

✅ Risks 2030 EV targets and industry competitiveness

✅ Weak demand and China competition intensify

 

The German government has faced a backlash after abruptly ending an electric car subsidy scheme in a blow to the already struggling automotive industry.

The scheme is one of the casualties of a budget crisis caused by a shock constitutional court ruling in November that upended the government's spending plans.

The economy ministry said Saturday that Sunday would be the last day prospective buyers could apply for the scheme, which paid out thousands of euros per customer to partially cover the cost of buying an electric car today.

A spokesman for the ministry admitted it was an "unfortunate situation" for consumers who had been hoping to take advantage of the subsidy, but it had no choice "because there is no longer enough money available."

Analyst Ferdinand Dudenhoeffer from the Center for Automotive Research warned the decision could have dramatic consequences amid a Europe EV slump already pressuring demand.

"The competitiveness of [auto] manufacturers will now be severely damaged," Dudenhoeffer told the Rheinische Post newspaper.

The Handelsblatt business daily had already warned that scrapping the scheme risked jeopardizing Germany's plans to get 15 million electric cars on the road by 2030, even though the EU EV share grew during lockdowns earlier in the pandemic.

"This goal was already considered extremely unrealistic. Now it seems completely illusory," it wrote.

In the UK, analysts warn that electric cars could cost more if a post-Brexit deal is not reached, underscoring wider market uncertainties.

A total of around 10 billion euros ($1.1 billion) has been paid out since 2016 under the scheme for around 2.1 million electric vehicles, according to the economy ministry.

Germany's flagship automotive industry, including Volkswagen, has been struggling with the transition to electromobility due to a weak global economy and low levels of demand.

In addition, it is facing a serious challenge from homegrown rivals in China, one of its most important markets, as France moves to discourage Chinese EVs with new rules.

"The Chinese are massively expanding their car industry because they have customers. Our manufacturers no longer have any," Dudenhoeffer said, as France's incentive rules make the market tougher for Chinese brands.

Germany's highest court decided last month that the government had broken a constitutional debt rule when it transferred 60 billion euros earmarked for pandemic support to a climate fund.

The bombshell ruling blew a huge hole in spending plans and plunged Chancellor Olaf Scholz's three-way coalition into turmoil.

After adopting an emergency budget for 2023, Scholz and his junior coalition partners battled for weeks before finally finding an agreement for 2024.

 

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Ontario Provides Stable Electricity Pricing for Industrial and Commercial Companies

Ontario ICI Electricity Pricing Freeze helps Industrial Conservation Initiative (ICI) participants by stabilizing Global Adjustment charges, suspending peak hours curtailment, and reducing COVID-19-related electricity cost volatility to support large employers returning operations to full capacity.

 

Key Points

A two-year policy stabilizing GA costs and pausing peak-hour cuts to aid industrial and commercial recovery.

✅ GA cost share frozen for two years

✅ No peak-hour curtailment obligations

✅ Supports industrial and commercial restart

 

The Ontario government is helping large industrial and commercial companies return to full levels of operation without the fear of electricity costs spiking by providing more stable electricity pricing for two years. Effective immediately, companies that participate in the Industrial Conservation Initiative (ICI) will not be required to reduce their electricity usage during peak hours or shift some load to ultra-low overnight pricing where applicable, as their proportion of Global Adjustment (GA) charges for these companies will be frozen.

"Ontario's industrial and commercial electricity consumers continue to experience unprecedented economic challenges during COVID-19, with electricity relief for households and small businesses introduced to help," said Greg Rickford, Minister of Energy, Northern Development and Mines. "Today's announcement will allow large industrial employers to focus on getting their operations up and running and employees back to work, instead of adjusting operations in response to peak electricity demand hours."

Due to COVID-19, electricity consumption in Ontario has been below average as fall in demand as people stayed home across the province, and the province is forecast to have a reliable supply of electricity, supported by the system operator's staffing contingency plans during the pandemic, to accommodate increased usage. Peak hours generally occur during the summer when the weather is hot and electricity demand from cooling systems is high.

"Today's action will reduce the burden of anticipating and responding to peak hours for more than 1,300 ICI participants with 2,000 primarily industrial facilities in Ontario," said Bill Walker, Associate Minister of Energy. "Now these large employers can focus on getting their operations back up and running at full tilt and explore new energy-efficiency programs to manage costs."

The government previously announced it was providing temporary relief for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan (RPP) by deferring a portion of GA charges for April, May and June 2020 and by extending off-peak rates for many customers, as well as a disconnect moratorium extension for residential electricity users.

 

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'Unbelievably dangerous': NB Power sounds alarm on copper theft after vandalism, deaths

NB Power copper thefts highlight risks at high-voltage substations, with vandalism, fatalities, infrastructure damage, ratepayer costs, and law enforcement alerts tied to metal prices, stolen electricity, and safety concerns across New Brunswick and Nova Scotia.

 

Key Points

Substation metal thefts causing fatalities, outages, safety risks, and higher costs that impact NB ratepayers.

✅ Spike aligns with copper price near $3 per pound

✅ Fatal break-ins at high-voltage facilities in Bathurst

✅ Repairs, delays, and safety risks for crews, customers

 

New Brunswick's power utility is urging people to stay away from its substations, saying the valuable copper they contain is proving hard to resist for thieves.

NB Power has seen almost as many incidents of theft and vandalism to its property in April and May of this year, than in all of last year.

In the 2018-2019 fiscal year, the utility recorded 16 cases of theft and/or vandalism.

In April and May, there have already been 13 cases.

One of those was a fatal incident in Bathurst. On April 13, a 41-year-old man was found unresponsive and later died, after breaking into a substation. It was the second fatality linked to a break-in at an NB Power facility in 10 years.

The investigation is still ongoing, but NB Power believes the man was trying to steal copper.

The power utility has been ramping up its efforts -- finding alternate ways to secure its properties, and educate the public -- on the dangers of copper theft, as utilities work to adapt to climate change that can exacerbate severe weather.

“We really, really, really want to stress that if you’re hitting the wrong wire, cutting the wrong wire, breaking in to or cutting fences, a lot of very bad things can happen,” said NB Power spokesperson Marc Belliveau.

In the 2017-2018 fiscal year, there were 24 recorded cases of theft and/or vandalism.

It also comes at a financial cost for NB Power, and ratepayers -- on average, $330,000 a year. About two-thirds of that is copper. The rest is vehicle break-ins or stolen electricity.

“We’ve done analysis,” Belliveau said. “Often the number of break-ins correspond with the price spiking in copper. So, right now, copper’s about $3 a pound. If it was half of that, there might be half as many incidents.”

New Brunswick Public Safety Minister Carl Urquhart says he knows the utility and police are working to dissuade people from the dangers of the theft, and notes that debates around Site C dam stability issues reflect broader infrastructure safety concerns.

“We all know of incident after incident of major injuries and death caused by, simply by, copper,” he said.

Last November, a Dawson Settlement substation was targeted during a major, storm-related power outage in the province.

It meant NB Power had to divert crews to fix and secure the substation, delaying restoration times for some residents and underscoring efforts to improve local reliability across the grid.

Belliveau says that’s “most frustrating.”

“We’re really trying to take a more proactive approach. And certainly, we encourage people that if you know somebody who’s thinking of doing something like that, to really try and talk them out of it because it’s unbelievably dangerous to break in to a substation,” he said.

Nova Scotia Power, connected through the Maritime Link, was not able to provide details on thefts at their substations, but spokesman David Rodenhiser said "the value of the stolen copper is minor in comparison to the risk that’s created when thieves break into our high-voltage electrical substations."

It's not just risky for the people breaking in, and public opposition to projects like Site C underscores broader community safety concerns.

"It also puts the safety of the workers who maintain our substations at risk, because when thieves steal copper, the protective safety devices in the substations don’t work properly," Rodenhiser said.

Additionally, in Nova Scotia, projects like the Maritime Link have advanced regional transmission, and Nova Scotia Power’s copper components have identifying markers, which make that copper difficult to fence. Anyone who buys or sells stolen propery is at risk of criminal charges.

 

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New fuel cell could help fix the renewable energy storage problem

Proton Conducting Fuel Cells enable reversible hydrogen energy storage, coupling electrolyzers and fuel cells with ceramic catalysts and proton-conducting membranes to convert wind and solar electricity into fuel and back to reliable grid power.

 

Key Points

Proton conducting fuel cells store renewable power as hydrogen and generate electricity using reversible catalysts.

✅ Reversible electrolysis and fuel-cell operation in one device

✅ Ceramic air electrodes hit up to 98% splitting efficiency

✅ Scalable path to low-cost grid energy storage with hydrogen

 

If we want a shot at transitioning to renewable energy, we’ll need one crucial thing: technologies that can convert electricity from wind, sun, and even electricity from raindrops into a chemical fuel for storage and vice versa. Commercial devices that do this exist, but most are costly and perform only half of the equation. Now, researchers have created lab-scale gadgets that do both jobs. If larger versions work as well, they would help make it possible—or at least more affordable—to run the world on renewables.

The market for such technologies has grown along with renewables: In 2007, solar and wind provided just 0.8% of all power in the United States; in 2017, that number was 8%, according to the U.S. Energy Information Administration. But the demand for electricity often doesn’t match the supply from solar and wind, a key reason why the U.S. grid isn't 100% renewable today. In sunny California, for example, solar panels regularly produce more power than needed in the middle of the day, but none at night, after most workers and students return home.

Some utilities are beginning to install massive banks of cheaper solar batteries in hopes of storing excess energy and evening out the balance sheet. But batteries are costly and store only enough energy to back up the grid for a few hours at most. Another option is to store the energy by converting it into hydrogen fuel. Devices called electrolyzers do this by using electricity—ideally from solar and wind power—to split water into oxygen and hydrogen gas, a carbon-free fuel. A second set of devices called fuel cells can then convert that hydrogen back to electricity to power cars, trucks, and buses, or to feed it to the grid.

But commercial electrolyzers and fuel cells use different catalysts to speed up the two reactions, meaning a single device can’t do both jobs. To get around this, researchers have been experimenting with a newer type of fuel cell, called a proton conducting fuel cell (PCFC), which can make fuel or convert it back into electricity using just one set of catalysts.

PCFCs consist of two electrodes separated by a membrane that allows protons across. At the first electrode, known as the air electrode, steam and electricity are fed into a ceramic catalyst, which splits the steam’s water molecules into positively charged hydrogen ions (protons), electrons, and oxygen molecules. The electrons travel through an external wire to the second electrode—the fuel electrode—where they meet up with the protons that crossed through the membrane. There, a nickel-based catalyst stitches them together to make hydrogen gas (H2). In previous PCFCs, the nickel catalysts performed well, but the ceramic catalysts were inefficient, using less than 70% of the electricity to split the water molecules. Much of the energy was lost as heat.

Now, two research teams have made key strides in improving this efficiency, and a new fuel cell concept brings biological design ideas into the mix. They both focused on making improvements to the air electrode, because the nickel-based fuel electrode did a good enough job. In January, researchers led by chemist Sossina Haile at Northwestern University in Evanston, Illinois, reported in Energy & Environmental Science that they came up with a fuel electrode made from a ceramic alloy containing six elements that harnessed 76% of its electricity to split water molecules. And in today’s issue of Nature Energy, Ryan O’Hayre, a chemist at the Colorado School of Mines in Golden, reports that his team has done one better. Their ceramic alloy electrode, made up of five elements, harnesses as much as 98% of the energy it’s fed to split water.

When both teams run their setups in reverse, the fuel electrode splits H2 molecules into protons and electrons. The electrons travel through an external wire to the air electrode—providing electricity to power devices. When they reach the electrode, they combine with oxygen from the air and protons that crossed back over the membrane to produce water.

The O’Hayre group’s latest work is “impressive,” Haile says. “The electricity you are putting in is making H2 and not heating up your system. They did a really good job with that.” Still, she cautions, both her new device and the one from the O’Hayre lab are small laboratory demonstrations. For the technology to have a societal impact, researchers will need to scale up the button-size devices, a process that typically reduces performance. If engineers can make that happen, the cost of storing renewable energy could drop precipitously, thereby moving us closer to cheap abundant electricity at scale, helping utilities do away with their dependence on fossil fuels.

 

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Experiment Shows We Can Actually Generate Electricity From The Night Sky

Nighttime thermoradiative power converts outgoing infrared radiation into electricity using semiconductor photodiodes, leveraging negative illumination and sky cooling to harvest renewable energy from Earth-to-space heat flow when solar panels rest, regardless of weather.

 

Key Points

Nighttime thermoradiative power converts Earth's outgoing infrared heat into electricity using semiconductor diodes.

✅ Uses negative illumination to tap Earth-to-space heat flow

✅ Infrared semiconductor photodiodes generate small nighttime current

✅ Theoretical output ~4 W/m^2; lab demo reached 64 nW/m^2

 

There's a stark contrast between the freezing temperatures of space and the relatively balmy atmosphere of Earth, and that contrast could help generate electricity, scientists say – and alongside concepts such as space-based solar power, utilizing the same optoelectronic physics used in solar panels. The obvious difference this would have compared with solar energy is that it would work during the night time, a potential source of renewable power that could keep on going round the clock and regardless of weather conditions.

Solar panels are basically large-scale photodiodes - devices made out of a semiconducting material that converts the photons (light particles) coming from the Sun into electricity by exciting electrons in a material such as silicon, while concepts like space solar beaming could complement them during adverse weather.

In this experiment, the photodiodes work 'backwards': as photons in the form of infrared radiation - also known as heat radiation - leave the system, a small amount of energy is produced, similar to how raindrop electricity harvesting taps ambient fluxes in other experiments.

This way, the experimental system takes advantage of what researchers call the "negative illumination effect" – that is, the flow of outgoing radiation as heat escapes from Earth back into space. The setup explained in the new study uses an infrared semiconductor facing into the sky to convert this flow into electrical current.

"The vastness of the Universe is a thermodynamic resource," says one of the researchers, Shanhui Fan from Stanford University in California.

"In terms of optoelectronic physics, there is really this very beautiful symmetry between harvesting incoming radiation and harvesting outgoing radiation."

It's an interesting follow-up to a research project Fan participated in last year: a solar panel that can capture sunlight while also allowing excess heat in the form of infrared radiation to escape into space.

In the new study, this "energy harvesting from the sky" process can produce a measurable amount of electricity, the researchers have shown – though for the time being it's a long way from being efficient enough to contribute to our power grids, but advances in peer-to-peer energy sharing could still make niche deployments valuable.

In the team's experiments they were able to produce 64 nanowatts per square metre (10.8 square feet) of power – only a trickle, but an amazing proof of concept nevertheless. In theory, the right materials and conditions could produce a million times more than that, and analyses of cheap abundant electricity show how rapidly such advances compound, reaching about 4 watts per square metre.

"The amount of power that we can generate with this experiment, at the moment, is far below what the theoretical limit is," says one of the team, Masashi Ono from Stanford.

When you consider today's solar panels are able to generate up to 100-200 watts per square metre, and in China solar is cheaper than grid power across every city, this is obviously a long way behind. Even in its earliest form, though, it could be helpful for keeping low-power devices and machines running at night: not every renewable energy device needs to power up a city.

Now that the researchers have proved this can work, the challenge is to improve the performance of the experimental device. If it continues to show promise, the same idea could be applied to capture energy from waste heat given off by machinery, and results in humidity-powered generation suggest ambient sources are plentiful.

"Such a demonstration of direct power generation of a diode facing the sky has not been previously reported," explain the researchers in their published paper.

"Our results point to a pathway for energy harvesting during the night time directly using the coldness of outer space."

The research has been published in Applied Physics Letters.

 

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US Dept. of Energy awards Washington state $23.4 million to strengthen infrastructure

Washington Grid Resilience Grant funds DOE-backed modernization to harden Washington's electric grid against extreme weather, advancing clean energy, affordable and reliable electricity, and community resilience under the Bipartisan Infrastructure Law via projects and utility partnerships.

 

Key Points

A $23.4M DOE grant to modernize Washington's grid, boost weather resilience, and deliver clean, reliable power.

✅ Targets outages, reliability, and community resilience statewide.

✅ Prioritizes disadvantaged areas and quality clean energy jobs.

✅ Backed by Bipartisan Infrastructure Law and DOE funding.

 

Washington state has received a $23.4 million Grid Resilience State and Tribal Formula Grant from the U.S. Department of Energy (DOE) to modernize the electric grid through smarter electricity infrastructure and reduce impacts due to extreme weather and natural disasters. Grid Resilience State and Tribal Formula Grants aim to ensure the reliability of power sector infrastructure so that communities have access to affordable, reliable, clean electricity.

“Electricity is an essential lifeline for communities. Improving our systems by reducing disruptive events is key as we cross the finish line of a 100% clean electricity grid and ensure equitable benefits from the clean energy economy reach every community,” said Gov. Jay Inslee.

The federal funding for energy resilience will enhance and expand ongoing current grid modernization and resilience efforts throughout the state. For example, working directly with rural and typical end-of-the-line customers to develop resilience plans and collaborating with communities and utilities, including smart city efforts in Spokane as examples, on building resilient and renewable infrastructure for essential services.

“This is a significant opportunity to supplement our state investments in building a robust, resilient electric grid that supports our long-term vision for clean, affordable and reliable electricity – the foundation for economic growth and job creation that strengthens our communities and keeps Washington globally competitive. It shows once again that we are maximizing the federal funding being made available by the Biden-Harris Administration to invest in the country’s infrastructure,” said Washington State Department of Commerce Director Mike Fong.

Across the border, British Columbia's clean energy shift adds regional momentum for resilient, low-carbon power.

Goals include:

Reducing the frequency, duration and impact of outages as climate change impacts on the grid intensify while enhancing resiliency in historically disadvantaged communities.
Strengthening prosperity by expanding well-paying, safe clean energy jobs accessible to all workers and ensuring investments have a positive effect on quality job creation and equitable economic development.

Building a community of practice and maximizing project scalability by identifying pathways for scaling innovations such as integrating solar into the grid across programs.

“The Grid Resilience Formula Grants will enable communities in Washington to protect households and businesses from blackouts or power shutdowns during extreme weather,” said Maria Robinson, Director, Grid Deployment Office, U.S. Department of Energy. “Projects selected through this program will benefit communities by creating good-paying jobs to deliver clean, affordable, and reliable energy across the country.”

DOE has also announced $34 million for grid improvements to bolster reliability nationwide.

“An innovative, reliable, and efficient power grid is vital to Washington’s continued economic growth and for community resilience especially in disadvantaged areas,” said U.S. Rep. Strickland, Co-Lead of the bipartisan Grid Innovation Caucus. “The funding announced today will invest in our energy grid, support good-paying jobs, and means a cleaner, more energy-efficient future.”

Funded through the Bipartisan Infrastructure Law and administered by DOE’s Grid Deployment Office, with related efforts such as California grid upgrades advancing nationwide, the Grid Resilience State and Tribal Formula Grants distribute funding to states, territories, and federally recognized Indian Tribes, over five years based on a formula that includes factors such as population size, land area, probability and severity of disruptive events, and a locality’s historical expenditures on mitigation efforts. Priority will be given to projects that generate the greatest community benefit providing clean, affordable, and reliable energy.

 

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